THE EUROPEAN CONVENTION THE SECRETARIAT. Brussels, 26 May 2003 (OR. fr) CONV 724/03 VOLUME 1. COVER NOTE from : Praesidium

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1 THE EUROPEAN CONVENTION THE SECRETARIAT Brussels, 26 May 2003 (OR. fr) CONV 724/03 VOLUME 1 COVER NOTE from : Praesidium to : Convention Nos prev. docs : CONV 528/03, CONV 571/03, CONV 579/03, CONV 602/03, CONV 614/03, CONV 648/03, CONV 649/03, CONV 650/03, CONV 685/03, CONV 691/03, CONV 723/03 Subject : Draft Constitution, Volume I Revised text of Part One Members of the Convention will find attached the draft text of Part One of the Treaty establishing the Constitution together with that of the Protocols on the application of the principles of subsidiarity and proportionality and the role of the national Parliaments, as revised by the Praesidium in the light of the comments and amendments received and the discussions in plenary. The Articles in Title IV "The institutions" are the only ones to be sent to the members of the Convention without change from the original version contained in CONV 691/03 of 23 April The very numerous amendments received and the comments made at the plenary on these Articles often go in opposing directions, particularly on central questions, including the three linked questions highlighted in the note of 23 April (representation in the European Parliament, definition of the qualified majority, and composition of the Commission). The Praesidium therefore thinks it would be appropriate to devote more time to discussion and thought on those subjects. At a later stage, as these thoughts mature, the Praesidium will submit a revised version of Title IV to the Convention. o o o Members' attention is drawn to the fact that the Articles in Part I are numbered consecutively. The references to the Articles in Part III will be specified when they have been finalised. CONV 724/03 1 EN

2 ANNEX 1 DRAFT TEXT PART ONE TITLE I: DEFINITION AND OBJECTIVES OF THE UNION Article I-1: Establishment of the Union 1. Reflecting the will of the citizens and States of Europe to build a common future, this Constitution establishes the European Union, on which the Member States confer competences to attain objectives they have in common. The Union shall coordinate the policies by which the Member States aim to achieve these objectives, and shall exercise in the Community way the competences they confer on it. 2. The Union shall be open to all European States which respect its values and are committed to promoting them together. Article I-2: The Union's values The Union is founded on the values of respect for human dignity, liberty, democracy, the rule of law and respect for human rights. These values are common to the Member States in a society of pluralism, tolerance, justice, equality, solidarity and non-discrimination. CONV 724/03 2 ANNEX 1 EN

3 Article I-3: The Union's objectives 1. The Union's aim is to promote peace, its values and the well-being of its peoples. 2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and a single market where competition is free and undistorted. 3. The Union shall work for a Europe of sustainable development based on balanced economic growth, with a social market economy aiming at full employment and social progress. It shall aim at a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. It shall combat social exclusion and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of children's rights. It shall promote economic, social and territorial cohesion, and solidarity among Member States. The Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced. 4. In its relations with the wider world, the Union shall uphold and promote its values and interests. It shall contribute to peace, security, the sustainable development of the earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and protection of human rights and in particular children's rights, as well as to strict observance and development of international law, including respect for the principles of the United Nations Charter. 5. These objectives shall be pursued by appropriate means, depending on the extent to which the relevant competences are attributed to the Union in this Constitution. CONV 724/03 3 ANNEX 1 EN

4 Article I-4: Fundamental freedoms and non-discrimination 1. Free movement of persons, goods, services and capital, and freedom of establishment shall be guaranteed within and by the Union, in accordance with the provisions of this Constitution. 2. In the field of application of this Constitution, and without prejudice to any of its specific provisions, any discrimination on grounds of nationality shall be prohibited. Article I-5: Relations between the Union and the Member States 1. The Union shall respect the national identities of its Member States, inherent in their fundamental structures, political and constitutional, including for regional and local self government. It shall respect their essential State functions, including for ensuring the territorial integrity of the State, and for maintaining law and order and safeguarding internal security. 2. Following the principle of loyal cooperation, the Union and the Member States shall, in full mutual respect, assist each other to carry out tasks which flow from the Constitution. The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the objectives set out in the Constitution. Article I-6: Legal personality The Union shall have legal personality. CONV 724/03 4 ANNEX 1 EN

5 TITLE II: FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE UNION Article I-7: Fundamental rights 1. The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights which constitutes the Second Part of this Constitution. 2. The Union shall seek accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Accession to that Convention shall not affect the Union's competences as defined in this Constitution. 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law. Article I-8: Citizenship of the Union 1. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship; it shall not replace it. 2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in this Constitution. They shall have: the right to move and reside freely within the territory of the Member States; the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State; CONV 724/03 5 ANNEX 1 EN

6 the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State; the right to petition the European Parliament, to apply to the Union Ombudsman, and to write to the Institutions and advisory bodies of the Union in any of the Union's languages and to obtain a reply in the same language. 3. These rights shall be exercised in accordance with the conditions and limits defined by this Constitution and by the measures adopted to give it effect. TITLE III: UNION COMPETENCES AND ACTIONS Article I-9: Fundamental principles 1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality. 2. Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon the Union in the Constitution remain with the Member States. 3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. CONV 724/03 6 ANNEX 1 EN

7 The Union Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality, annexed to the Constitution. National Parliaments shall ensure compliance with that principle in accordance with the procedure set out in the Protocol. 4. Under the principle of proportionality, the scope and form of Union action shall not exceed what is necessary to achieve the objectives of the Constitution. The Institutions shall apply the principle of proportionality as laid down in the Protocol referred to in paragraph 3. Article I-10: Union law 1. The Constitution, and law adopted by the Union's Institutions in exercising competences conferred on it, shall have primacy over the law of the Member States. 2. Member States shall take all appropriate measures, general or particular, to ensure fulfilment of the obligations flowing from the Constitution or resulting from the Union Institutions' acts. Article I-11: Categories of competence 1. When the Constitution confers on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of acts adopted by the Union. CONV 724/03 7 ANNEX 1 EN

8 2. When the Constitution confers on the Union a competence shared with the Member States in a specific area, the Union and the Member States shall have the power to legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised, or has decided to cease exercising, its competence. 3. The Union shall have competence to coordinate the economic and employment policies of the Member States. 4. The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defence policy. 5. In certain areas and in the conditions laid down in the Constitution, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas. 6. The scope of and arrangements for exercising the Union's competences shall be determined by the provisions specific to each area in Part Three of the Constitution. Article I-12: Exclusive competence 1. The Union shall have exclusive competence to establish competition rules within the internal market, and in the following areas: monetary policy, for the Member States which have adopted the euro, common commercial policy, customs union, the conservation of marine biological resources under the common fisheries policy. CONV 724/03 8 ANNEX 1 EN

9 2. The Union shall have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union, is necessary to enable the Union to exercise its competence internally, or affects an internal Union act. Article I-13: Areas of shared competence 1. The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles I-12 and I Shared competence applies in the following principal areas: internal market, area of freedom, security and justice, agriculture and fisheries, excluding the conservation of marine biological resources, transport and trans-european networks, energy, social policy, for aspects defined in Part Three, economic and social cohesion, environment, consumer protection, common safety concerns in public health matters. 3. In the areas of research, technological development and space, the Union shall have competence to carry out actions, in particular to define and implement programmes; however, the exercise of that competence may not result in Member States being prevented from exercising theirs. CONV 724/03 9 ANNEX 1 EN

10 4. In the areas of development cooperation and humanitarian aid, the Union shall have competence to take action and conduct a common policy; however, the exercise of that competence may not result in Member States being prevented from exercising theirs. Article I-14: The coordination of economic and employment policies 1. The Union shall adopt measures to ensure coordination of the economic policies of the Member States, in particular by adopting broad guidelines for these policies. The Member States shall coordinate their economic policies within the Union. 2. Specific provisions shall apply to those Member States which have adopted the euro. 3. The Union shall adopt measures to ensure coordination of the employment policies of the Member States, in particular by adopting guidelines for these policies. 4. The Union may adopt initiatives to ensure coordination of Member States' social policies. Article I-15:The common foreign and security policy 1. The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy, which might lead to a common defence. 2. Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the acts adopted by the Union in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness. CONV 724/03 10 ANNEX 1 EN

11 Article I-16: Areas of supporting, coordinating or complementary action 1. The Union may take supporting, coordinating or complementary action. 2. The areas for supporting, coordinating or complementary action shall be, at European level: industry protection and improvement of human health education, vocational training, youth and sport culture civil protection. 3. Legally binding acts adopted by the Union on the basis of the provisions specific to these areas in Part Three cannot entail harmonisation of Member States' laws or regulations. Article I-17:Flexibility clause 1. If action by the Union should prove necessary within the framework of the policies defined in Part Three to attain one of the objectives set by this Constitution, and the Constitution has not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall take the appropriate measures. 2. Using the procedure for monitoring the subsidiarity principle referred to in Article I-9(3), the Commission shall draw Member States' national Parliaments' attention to proposals based on this Article. 3. Provisions adopted on the basis of this Article may not entail harmonisation of Member States' laws or regulations in cases where the Constitution excludes such harmonisation. CONV 724/03 11 ANNEX 1 EN

12 TITLE IV: THE UNION'S INSTITUTIONS Article I-18: The Union's Institutions 1. The Union shall be served by a single institutional framework which shall aim to: advance the objectives of the Union, promote the values of the Union, serve the interests of the Union, its citizens and its Member States, and ensure the consistency, effectiveness and continuity of the policies and actions it undertakes in pursuit of its objectives. 2. This institutional framework comprises: the European Parliament, the European Council, the Council of Ministers, the European Commission, the Court of Justice of the European Union, the European Central Bank, the Court of Auditors. 3. Each institution shall act within the limits of the powers conferred on it in the Constitution, and in conformity with the procedures and conditions set out in it. The institutions shall practice full mutual cooperation. CONV 724/03 12 ANNEX 1 EN

13 Article I-19: The European Parliament 1. The European Parliament shall, jointly with the Council, enact legislation and exercise functions of political control and consultation as laid down in the Constitution. It shall elect the President of the European Commission. 2. The European Parliament shall be directly elected by universal suffrage of European citizens in free and secret ballot for a term of five years. Its members shall not exceed seven hundred in number. Representation of European citizens shall be degressively proportional, with a minimum threshold of four members per Member State. 3. The European Parliament shall elect its President and its officers from among its members, for a term of five years. Article I-20: The European Council 1. The European Council shall provide the Union with the necessary impetus for its development, and shall define its general political directions and priorities. 2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The Foreign Minister shall take part in its work. 3. The European Council shall meet quarterly, convened by its President. When the agenda so requires, its members may decide to be assisted by a minister, and, in the case of the President of the Commission, a Commissioner. When the situation so requires, the President shall convene an additional meeting of the European Council. 4. Except where the Constitution provides otherwise, decisions of the European Council shall be taken by consensus. CONV 724/03 13 ANNEX 1 EN

14 Article I-21: The European Council Chair 1. The European Council shall elect its President, by qualified majority, for a term of two and a half years, renewable once. The person elected must be, or have been for at least two years, a member of the European Council. In cases of serious malpractice, the European Council can end his mandate according to the same procedure. The President of the European Council shall ensure at his level that the Union is effectively represented in the wider world on issues concerning its common foreign and security policy. 2. The President of the European Council shall chair it and drive forward its work, ensuring proper preparation and continuity. He shall endeavour to facilitate cohesion and consensus within the European Council. He shall present a report to the European Parliament after each of its meetings. 3. The European Council may decide by consensus to create a board consisting of three of its members chosen according to a system of equitable rotation. 4. The President of the European Council may not be a member of another European institution or hold a national mandate. CONV 724/03 14 ANNEX 1 EN

15 Article I-22: The Council of Ministers 1. The Council of Ministers shall, jointly with the European Parliament, enact legislation and carry out policy-making and coordinating functions, as laid down in the Constitution. 2. The Council of Ministers shall consist of a representative of each Member State at ministerial level for each of its formations. Only this representative may commit the Member State in question, and cast its vote. 3. Except where the Constitution provides otherwise, decisions of the Council shall be taken by qualified majority. Article I-23: Council formations 1. The General Affairs Council shall ensure consistency in the work of the Council of Ministers. With the participation of the Commission, it shall prepare meetings of the European Council. 2. The Legislative Council shall consider and, jointly with the European Parliament, enact European laws and European framework laws, in accordance with the provisions of the Constitution. Depending on the business on the Council agenda, each Member State's ministerial representative may be assisted by one or, if necessary, two specialised ministerial representatives. 3. The Foreign Affairs Council shall, on the basis of strategic guidelines laid down by the European Council, flesh out the Union's external policies, and ensure that its actions are consistent. It shall be chaired by the Union's Foreign Minister. 4. The Council shall also meet in the configuration of an Economic and Financial Affairs Council, and a Council on Justice and Security. CONV 724/03 15 ANNEX 1 EN

16 5. The Council, in its General Affairs formation, may decide on further formations. 6. The European Council may decide by consensus that the Presidency of a Council formation, other than that of Foreign Affairs, should be undertaken by a Member State for a period of at least a year, taking into account European political and geographical balance and the diversity of all Member States. Article I-24: Qualified majority 1. When the European Council or the Council of Ministers take decisions by qualified majority, such a majority shall consist of the majority of Member States, representing at least three fifths of the population of the Union. 2. Within the European Council, its President and the President of the Commission do not vote. Article I-25: The European Commission 1. The European Commission shall safeguard the general European interest. It shall ensure the application of the Constitution, and steps taken by the institutions under the Constitution. It shall also exercise coordinating, executive and management functions as laid down in the Constitution. 2. Except where the Constitution provides otherwise, Union acts can be adopted only on the basis of a Commission proposal. CONV 724/03 16 ANNEX 1 EN

17 3. The Commission shall consist of a President and up to fourteen other members. It may call on the help of Associate Commissioners. 4. In carrying out its responsibilities, the Commission shall be completely independent. In the discharge of their duties members of the Commission shall neither seek nor take instructions from any government or other body. Article I-26: The President of the European Commission 1. Taking into account the elections to the European Parliament, the European Council, deciding by qualified majority, shall put forward to the European Parliament its proposed candidate for the Presidency of the Commission. This candidate shall be elected by the European Parliament by a majority of its members. If this candidate does not receive the required majority support, the European Council shall within one month put forward a new candidate, following the same procedure as before. 2. Each Member State shall submit a list of three persons, of whom at least one must be a woman, whom it considers qualified to be a European Commissioner. The President-elect, taking account of European political and geographical balance, shall, from among the names submitted, select as members of the Commission up to thirteen persons chosen for their competence, European commitment, and guaranteed independence. The President and the persons so nominated for membership of the Commission shall be submitted as a body to a vote of approval by the European Parliament. 3. The Commission, as a body, shall be responsible to the European Parliament. Under the procedure set out in Article [ ] of Part Three of the Constitution, the European Parliament may pass a censure motion on the Commission. If such a motion is passed, the members of the Commission must all resign. They shall continue to handle everyday business until their successors are nominated. CONV 724/03 17 ANNEX 1 EN

18 4. The Commission shall work to guidelines laid down by its President. He shall decide its internal organisation, ensuring that it acts consistently, efficiently and on a collegiate basis. He shall appoint vice-presidents from among the members of the Commission. 5. The President may appoint Associate Commissioners, chosen according to the same criteria as apply for members of the Commission. Their number must not exceed the number of members of the Commission. Article I-27: The Foreign Minister 1. The European Council, deciding by qualified majority, with the agreement of the President of the Commission, shall appoint the Union's Foreign Minister. He shall conduct the Union's common foreign and security policy. 2. The Foreign Minister shall contribute by his proposals to the development of the common foreign policy, which he shall carry out as mandated by the Council. The same shall apply to the common security and defence policy. 3. The Foreign Minister shall be one of the Vice-Presidents of the Commission. He shall be responsible there for handling external relations and for coordinating other aspects of the Union's external action. In exercising these responsibilities within the Commission, and only for these responsibilities, he shall be bound by Commission procedures. CONV 724/03 18 ANNEX 1 EN

19 Article I-28: The Court of Justice of the European Union 1. The Court of Justice, including the High Court, shall ensure respect for the Constitution and Union law. The Member States shall provide rights of review sufficient to ensure effective legal protection in the field of Union law. 2. The Court of Justice shall consist of one judge from each Member State, and shall be assisted by Advocates-General. The High Court shall include at least one judge per Member State: the number shall be fixed by the Statute of the Court of Justice. The judges of the Court of Justice and the High Court and the Advocates-General of the Court of Justice, chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Article [ ] of Part Three, shall be appointed by common accord of the governments of the Member States for a term of six years, renewable. 3. The Court of Justice shall be competent to: rule on actions brought by the Commission, a Member State, an institution or a natural or legal person in the cases mentioned and in accordance with the rules laid down in Article [ ] of Part Three; give preliminary rulings, at the request of Member State courts, on the interpretation of Union law or the validity of acts adopted by the institutions; rule on appeals against decisions made by the High Court or exceptionally re-examine those decisions under the conditions laid down in the Statute of the Court of Justice. CONV 724/03 19 ANNEX 1 EN

20 Article I-29: The European Central Bank 1. The European Central Bank shall direct the European System of Central Banks, of which it, alongside the national central banks, forms part. 2. The primary objective of the Bank shall be to maintain price stability. Without prejudice to the objective of price stability, it shall support general economic policies in the Union with a view to contributing to the achievement of the Union's objectives. 3. The Bank shall define and implement the monetary policy of the Union. It alone may authorise the issue of the Union currency, the euro. It shall conduct other Central Bank tasks according to the provisions of Part Two of the Constitution. 4. The Bank shall have legal personality. In the exercise of its powers and for its finances, it shall be independent. Union institutions and bodies, and the governments of the Member States, shall undertake to respect this principle. 5. The Bank shall adopt such measures as are necessary to carry out its tasks in accordance with the provisions of Articles [ ] to [ ] of Part Three of the Constitution, and with the conditions laid down in the Statutes of the Bank and of the European System of Central Banks. In accordance with these same provisions, those Member States which have not adopted the euro, and their central banks, shall retain their powers in monetary matters. 6. Within its areas of competence, the Bank shall be consulted on all proposed Union acts, and all proposals for regulation at national level, and may give an opinion. 7. The organs of the Bank, their composition and operating methods are set out in Articles [ ] to [ ] of Part Three, as well as in the Statute of the Bank. CONV 724/03 20 ANNEX 1 EN

21 Article I-30: The Court of Auditors 1. The Court of Auditors shall carry out the audit. 2. It shall examine the accounts of all Union revenue and expenditure, and shall ensure good financial management. 3. It shall consist of one national of each Member State. In the performance of their duties, its members shall be completely independent. Article I-31: The Union's Advisory Bodies 1. The European Parliament, the Council of Ministers and the Commission shall be assisted by a Committee of the Regions and an Economic and Social Committee, exercising advisory functions. 2. The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority mandate or are politically accountable to an elected assembly. 3. The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of others in representative civil society, notably in socio-economic, civic, professional and cultural areas. 4. The members of the Committee of the Regions and the Economic and Social Committee must not be bound by any mandatory instructions. They shall be completely independent, in the performance of their duties, in the Union's general interest. 5. Rules governing the composition of these Committees, the designation of their members, their powers and their operations, are set out in Articles [ ] of Part Three of the Constitution. The rules governing their composition shall be reviewed at regular intervals by the Council, on the basis of a Commission proposal, in the light of economic, social and demographic developments within the Union. CONV 724/03 21 ANNEX 1 EN

22 TITLE V: EXERCISE OF UNION COMPETENCE Chapter I: Common provisions Article I-32: The legal acts of the Union 1. In exercising the competences conferred on it in the Constitution, the Union shall use as legal instruments, in accordance with the provisions of Part Three, European laws, European framework laws, European regulations, European decisions, recommendations and opinions. A European law shall be a legislative act of general application. It shall be binding in its entirety and directly applicable in all Member States. A European framework law shall be a legislative act binding, as to the result to be achieved, on the Member States, but leaving the national authorities entirely free to choose the form and means of achieving that result. A European regulation shall be a non-legislative act of general application for the implementation of legislative acts and of certain specific provisions of the Constitution. It may either be binding in its entirety and directly applicable in all Member States, or be binding, as regards the result to be achieved, on all Member States to which it is addressed, but leaving the national authorities entirely free to choose the form and means of achieving that result. A European decision shall be a non-legislative act, binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them. Recommendations and opinions adopted by the institutions shall have no binding force. 2. When considering proposals for legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by this Article in the area in question. CONV 724/03 22 ANNEX 1 EN

23 Article I-33: Legislative acts 1. European laws and European framework laws shall be adopted, on the basis of proposals from the Commission, jointly by the European Parliament and the Council under the ordinary legislative procedure as set out in Article [ex 251]. If the two institutions cannot reach agreement on an act, it shall not be adopted. In the cases specifically provided for in Article [ ] of Part III, laws and framework laws may be adopted at the initiative of a group of Member States in accordance with Article [ex 251]. 2. In the specific cases provided for by the Constitution, European laws and European framework laws shall be adopted by the European Parliament with the participation of the Council, or by the Council with the participation of the European Parliament, in accordance with special legislative procedures. Article I-34: Non-legislative acts 1. The Council and the Commission shall adopt European regulations or European decisions in the cases referred to in Articles I-35 and I-36 and in cases specifically laid down in the Constitution. The European Central Bank shall adopt European regulations and European decisions when authorised to do so by the Constitution. 2. The Council and the Commission, and the European Central Bank when so authorised in the Constitution, shall adopt recommendations. CONV 724/03 23 ANNEX 1 EN

24 Article I-35: Delegated regulations 1. European laws and European framework laws may delegate to the Commission the power to enact delegated regulations to supplement or amend certain non-essential elements of the law or framework law. The objectives, content, scope and duration of the delegation shall be explicitly defined in the laws and framework laws. A delegation may not cover the essential elements of an area. These shall be reserved for the law or framework law. 2. The conditions of application to which the delegation is subject shall be explicitly determined in the laws and framework laws; they may consist of the following possibilities: the European Parliament or the Council may decide to revoke the delegation; the delegated regulation may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the law or framework law. For the purposes of the preceding paragraph, the European Parliament shall act by a majority of its members, and the Council by a qualified majority. CONV 724/03 24 ANNEX 1 EN

25 Article I-36: Implementing acts 1. Member States shall adopt all measures of national law necessary to implement legally binding Union acts. 2. Where uniform conditions for implementing binding Union acts are needed, those acts may confer implementing powers on the Commission, or, in specific cases, and in the cases provided for in Article I-39, on the Council. 3. The law shall lay down in advance rules and general principles for the mechanisms for control by Member States over implementing acts of the Union. 4. Implementing acts of the Union shall take the form of European implementing regulations or European implementing decisions. Article I-37: Principles common to the Union's legal acts 1. Unless the Constitution contains a specific stipulation, the Institutions shall decide, in compliance with the procedures applicable, the type of act to be adopted in each case, in accordance with the principle of proportionality set out in Article I European laws, European framework laws, European regulations and European decisions shall state the reasons on which they are based and shall refer to any proposals or opinions required by this Constitution. CONV 724/03 25 ANNEX 1 EN

26 Article I-38: Publication and entry into force 1. European laws and European framework laws adopted under the ordinary legislative procedure shall be signed by the President of the European Parliament and by the President of the Council. In other cases they shall be signed by the President of the Council or by the President of the European Parliament. Laws and framework laws shall be published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence of such a stated date, on the twentieth day following their publication. 2. European regulations and European decisions which do not specify those to whom they are addressed or which are addressed to all Member States shall be signed by the President of the Institution which adopts them, shall be published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence of such a stated date, on the twentieth day following their publication. 3. Other decisions shall be notified to those to whom they are addressed and shall take effect upon such notification. Chapter II : Specific provisions Article I-39: Specific provisions for implementing common foreign and security policy 1. The European Union shall conduct a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions. 2. The European Council shall identify the Union's strategic interests and determine the objectives of its common foreign and security policy. The Council of Ministers shall frame this policy within the framework of the strategic guidelines established by the European Council and in accordance with the arrangements in Part Three of the Constitution. CONV 724/03 26 ANNEX 1 EN

27 3. The European Council and the Council of Ministers shall adopt the necessary decisions. 4. The common foreign and security policy shall be put into effect by the Union's Minister for Foreign Affairs and by the Member States, using national and Union resources. 5. Member States shall consult one another within the Council and the European Council on any foreign and security policy issue which is of general interest in order to determine a common approach. Before undertaking any action on the international scene or any commitment which could affect the Union's interests, each Member State shall consult the others within the Council or the European Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity. 6. The European Parliament shall be regularly consulted on the main aspects and basic choices of the common foreign and security policy, and shall be kept informed of how it evolves. 7. Decisions relating to the common foreign and security policy shall be adopted by the European Council and the Council of Ministers unanimously, except in the cases referred to in Part Three of the Constitution. Discussion shall be based on a proposal from a Member State, from the Union's Minister for Foreign Affairs or from the Minister with the Commission's support. Laws and framework laws are excluded. 8. The European Council may unanimously decide that the Council should act by qualified majority in cases other than those referred to in Part Three of the Constitution. CONV 724/03 27 ANNEX 1 EN

28 Article I-40: Specific provisions for implementing common defence policy 1. The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capability drawing on assets civil and military. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States. 2. The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty, and be compatible with the common security and defence policy established within that framework. 3. Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make those forces available to the common security and defence policy. CONV 724/03 28 ANNEX 1 EN

29 Member States shall undertake progressively to improve their military capabilities. A European Armaments, Research and Military Capabilities Agency shall be established to identify operational requirements, to put forward measures to satisfy those requirements, to contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, to participate in defining a European capabilities and armaments policy, and to assist the Council in evaluating the improvement of military capabilities. 4. Decisions on the implementation of the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the Union's Minister for Foreign Affairs or from a Member State. The Minister for Foreign Affairs may propose the use of both national resources and Union instruments, together with the Commission where appropriate. 5. The Council may entrust the execution of a task, within the Union framework, to a group of Member States in order to maintain the Union s values and serve its interests. The execution of such a task shall be governed by Article [...] of Part Three, Title B, of the Constitution. 6. Those Member States whose military capabilities meet higher criteria and which have made more binding commitments to one another in this area with a view to more demanding missions shall establish structured cooperation within the Union framework. Such cooperation shall be governed by the provisions of Article [...] of Part Three, Title B, of the Constitution. CONV 724/03 29 ANNEX 1 EN

30 7. Until such time as the European Council has acted in accordance with paragraph 2 of this Article, closer cooperation shall be established, in the Union framework, as regards mutual defence. Under this cooperation, if one of the Member States participating in such cooperation is the victim of armed aggression on its territory, the other participating States shall give it aid and assistance by all the means in their power, military or other, in accordance with Article 51 of the United Nations Charter. In the execution of closer cooperation on mutual defence, the participating Member States shall work in close cooperation with the North Atlantic Treaty Organisation. The detailed arrangements for participation in this cooperation and its operation, and the relevant decision-making procedures, are set out in Article [...] of Part Three, Title B, of the Constitution. 8. The European Parliament shall be regularly consulted on the main aspects and basic choices of the common security and defence policy, and shall be kept informed of how it evolves. Article I-41: Specific provisions for implementing the area of freedom, security and justice 1. The Union shall constitute an area of freedom, security and justice: by adopting European laws and European framework laws intended, where necessary, to approximate national laws in the areas listed in Part Three of the Constitution; by promoting mutual confidence between the competent authorities of the Member States, in particular on the basis of mutual recognition of judicial and extrajudicial decisions; by operational cooperation between the competent authorities of the Member States, including the police, customs and other services specialising in the prevention and detection of criminal offences. CONV 724/03 30 ANNEX 1 EN

31 2. Within the area of freedom, security and justice, national Parliaments may participate in the evaluation mechanisms foreseen in Article [...], Part Three, of the Constitution, and shall be involved in the political monitoring of Eurojust's and Europol's activities in accordance with Articles [...] and [...], Part Three, of the Constitution. 3. In the field of police and judicial cooperation in criminal matters, Member States shall have a right of initiative in accordance with Article [...], Part Three, of the Constitution. Article I-42: Solidarity clause 1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the victim of terrorist attack or natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to: (a) prevent the terrorist threat in the territory of the Member States; protect democratic institutions and the civilian population from any terrorist attack; assist a Member State in its territory at the request of its political authorities in the event of a terrorist attack; (b) assist a Member State in its territory at the request of its political authorities in the event of a disaster. 2. The detailed arrangements for implementing this provision are at Article [...], of Part Three, Title B, of the Constitution. CONV 724/03 31 ANNEX 1 EN

32 Chapter III: Enhanced cooperation Article I-43: Enhanced cooperation 1. Member States which wish to establish enhanced cooperation between themselves within the framework of the Union's non-exclusive competences may make use of its institutions and exercise those competences by applying the relevant provisions of the Constitution, subject to the limits and in accordance with the procedures laid down in this article and in Articles [...] to [...] of Part Three of the Constitution. Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. Such cooperation shall be open to all Member States when it is being established and at any time, in accordance with Article [...] of Part Three of the Constitution. 2. Authorisation to proceed with enhanced cooperation shall be granted by the Council as a last resort, when it has been established within the Council that the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole, and provided that it brings together at least one third of the Member States. The Council shall act in accordance with the procedure laid down in Article [...] of Part Three of the Constitution. 3. Only representatives of the Member States participating in enhanced cooperation shall take part in the adoption of acts adopted within the Council. All Member States may, however, take part in the deliberations of the Council. Unanimity shall be constituted by the participating States only. A qualified majority shall be defined as a majority of the votes of the participating Member States, representing at least three fifths of the population of those States. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. They shall not be regarded as an acquis which has to be accepted by candidates for accession to the Union. CONV 724/03 32 ANNEX 1 EN

33 TITLE VI: THE DEMOCRATIC LIFE OF THE UNION Article I-44: The principle of democratic equality In all its activities, the Union shall observe the principle of the equality of citizens. All shall receive equal attention from the Union's Institutions. Article I-45: The principle of representative democracy 1. The working of the Union shall be founded on the principle of representative democracy. 2. Citizens are directly represented at Union level in the European Parliament. Member States are represented in the European Council and in the Council by their governments, themselves accountable to national Parliaments, elected by their citizens. 3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly as possible and as closely as possible to the citizen. 4. Political parties at European level contribute to forming European political awareness and to expressing the will of Union citizens. Article I-46: The principle of participatory democracy 1. The Union Institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views on all areas of Union action. 2. The Union Institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society. 3. The Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent. CONV 724/03 33 ANNEX 1 EN

34 Article I-47: The social partners and autonomous social dialogue The European Union recognises and promotes the role of the social partners at Union level, taking into account the diversity of national systems; it shall facilitate dialogue between the social partners, respecting their autonomy. Article I-48: The European Ombudsman A European Ombudsman appointed by the European Parliament shall receive, investigate and report on complaints about maladministration within the Union's Institutions, bodies or agencies. The European Ombudsman shall be completely independent in the performance of his duties. Article I-49: Transparency of the proceedings of the Union's Institutions 1. In order to promote good governance and ensure the participation of civil society, the Union's Institutions, bodies and agencies shall conduct their work as openly as possible. 2. The European Parliament shall meet in public, as shall the Council when it is discussing and adopting a legislative proposal. 3. Any citizen of the Union, man or woman, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union's Institutions, bodies and agencies in whatever form they are produced, in accordance with the conditions laid down in Part Three. 4. A European law shall lay down the general principles and limits which, on grounds of public or private interest, govern the right of access to such documents. 5. Each institution, body or agency referred to in paragraph 3 shall determine in its own rules of procedure specific provisions regarding access to its documents, in accordance with the European law referred to in paragraph 4 above. CONV 724/03 34 ANNEX 1 EN